Section 15 Evidence

• Library: Consumer Law and Practice 2010

The damages must be proved with reasonable certainty and cannot be based on conjecture or speculation.Catroppa v. Metal Bldg. Supply, Inc., 267 S.W.3d 812 (Mo. App. S.D. 2008). And a party may not rely on hearsay to prove the party's damages in connection with defective home repair work. In Evans v. Werle, 31 S.W.3d 489 (Mo. App. W.D. 2000), the court, on appeal, reduced a damage award of $5,500 to $1 for the cost of the repair of a roof and diminution in value of the consumer's home because the consumer's testimony of her damages was based entirely on the estimates of nontestifying...